Packaging licensing for own brands and imports: What retailers need to consider since August 2026
Since 12 August 2026, new responsibilities have applied to packaging licensing for own brands and imports. Retail companies in particular must assess whether they are now responsible for financing the recycling of their packaging themselves. This mainly affects products sold under a company’s own name or brand, as well as packaged goods that arrive in Germany from abroad without an intermediary established in Germany. Companies that continue to assume as a general rule that the supplier is responsible risk gaps in registration, system participation and data reporting. This article explains the new allocation of roles, distinguishes typical scenarios and outlines a practical process for companies. It deals exclusively with extended producer responsibility for packaging. Requirements relating to packaging design or other product areas are not covered here.
Why retailer responsibility has changed
Since 12 August 2026, the European Packaging and Packaging Waste Regulation, or PPWR, has applied together with the German Packaging Law Implementation Act (Verpackungsrecht-Durchführungsgesetz, VerpackDG). The PPWR applies directly in EU Member States. The VerpackDG supplements it for enforcement in Germany.
The familiar core obligations for packaging subject to system participation remain in place:
Registration in the LUCID Packaging Register
Participation of relevant packaging volumes in a dual system
Reporting volumes to the dual system and in LUCID
The obligation to participate in a system means that the responsible company finances the collection, sorting and recovery of certain packaging waste by participating in a dual system. This mainly concerns packaging that typically becomes waste predominantly at private end consumers or comparable places of waste generation.
What has changed is primarily the allocation of responsibility. Under the PPWR, a clearer distinction is made between who manufactures packaging and who bears extended producer responsibility in the country where that packaging becomes waste. For retailers, the brand principle and the route by which goods reach Germany are decisive.
Key terms explained simply
The terms may sound similar, but they refer to different legal roles:
Manufacturer: Put simply, the company that manufactures packaging or a packaged product, or has it developed or manufactured under its own name or brand. The manufacturer is particularly responsible for the packaging’s conformity.
Producer for the purposes of extended producer responsibility: The company responsible in the Member State in which the packaging becomes waste. This role triggers, among other things, registration, system participation and data reporting obligations.
Own brand: In this context, a product offered under the name or brand of the retail company, even if another company manufactures or fills the product.
Import: In this context, a packaged product arriving in Germany from abroad. For responsibility, it matters whether an intermediary established in Germany exists beforehand.
The manufacturer and the producer may be the same company, but they do not have to be. It is therefore not sufficient to look only at the company physically filling the packaging or issuing the invoice.
Packaging licensing for own brands: Who is responsible?
Where a retail company has a packaged product developed or manufactured under its own name or brand, the brand principle applies. The retail company is generally responsible for that packaging itself. This also applies where a supplier, contract manufacturer or contract filler produces and packages the goods.
For system participation relating to own brands, it is therefore not decisive who fills the carton or applies the film. The relevant question is under whose name or brand the packaged product is developed or manufactured. According to information from the Central Agency Packaging Register (Zentrale Stelle Verpackungsregister, ZSVR), the obligation to participate in a system cannot be shifted to the supplier or contract filler in this scenario.
Example: Private label manufactured under contract in Germany
A retailer has cleaning products filled by a German contract manufacturer. The bottle and label display only the retailer’s brand. The retailer must assess its packaging-law role for this own-brand product and record, participate in a system with and report the relevant packaging volumes itself. A clause stating that the filler “takes care of licensing” does not replace the statutory allocation of responsibility.
Caution where several brands appear on one package
Matters can become more complex where both the retailer’s and the producer’s brand are visible, or where the brand, product name and company details differ. Such cases should not be decided using a rule of thumb. Document the specific presentation and have the allocation of roles assessed professionally where there is doubt.
Packaging licensing for imports: The supply chain is decisive
For imports, the key question is which company first makes the packaged goods available in Germany and where the packaging is likely to become waste.
If a German retail company purchases packaged products directly from a foreign supplier and places them on the German market without a preceding intermediary established in Germany, the German company generally bears producer responsibility for that imported packaging. It must assess which packaging is subject to system participation and participate in a system with and report the relevant volumes itself.
The situation may differ where an intermediary established in Germany first makes the packaged goods available on the German market. In that case, the position within the domestic supply chain must be examined carefully. Direct deliveries by a foreign company to private or commercial end users in Germany must also be assessed separately. Companies without an establishment in Germany may additionally be required to appoint an authorised representative.
Example: Direct purchase from a third country
A German online retailer orders fully packaged kitchen items directly from a manufacturer outside the EU. The goods are delivered to the online retailer’s warehouse in Germany and are then sold to German customers. If there is no preceding domestic intermediary, the online retailer must include the imported packaging in its own assessment and packaging-volume planning.
Step by step: How companies can meet their obligations
1. Record your full product range and delivery routes
Create a list of all packaged products. At a minimum, identify:
Own-brand or third-party brand
Supplier’s place of establishment
Delivery route to Germany
Domestic intermediaries
Sales channels and the expected place where the packaging becomes waste
Assess product packaging, grouped packaging and shipping packaging separately. Shipping packaging may be subject to system participation in addition to product packaging.
2. Determine the responsible role in each case
For each product group, assess: Does the product carry your name or brand? Do you have it manufactured under your brand? Do you import it directly? Is there a company ahead of you in the German supply chain? Record the conclusion and the information on which it is based in writing.
3. Request packaging data from suppliers
For volume calculations, you need reliable information on material types and weights. Request unit weights for all packaging components, for example paper, cardboard and paperboard, plastics, glass, aluminium, ferrous metals or composite materials. Agree that suppliers will notify you of packaging or material changes at an early stage.
Validate the information using samples. Even small deviations per unit can have a significant impact on annual quantities where sales volumes are high.
4. Assess whether packaging is subject to system participation
Not all commercially used packaging automatically has to participate in a dual system. In particular, the decisive factor is whether it typically becomes waste predominantly at private end consumers or comparable places of waste generation. Use the information and catalogue search provided by the Central Agency Packaging Register for classification. An individual professional assessment is advisable for unclear packaging types.
5. Update your LUCID registration
Review your company and brand information in the LUCID Packaging Register. Add the brands for whose packaging you are responsible. Registration and the information provided must match the company that is actually responsible.
6. Adjust the contract with a dual system
Include the additional packaging volumes from own brands and imports in your system participation agreement. Packaging licensing is the term used by zmart for this system participation. The obligation must be fulfilled before the relevant packaged products are distributed. Since the reference date of 12 August 2026, there has been no general transition period for newly allocated responsibilities.
7. Report matching volumes
Report the packaging volumes included in the system both to the dual system and in LUCID. Material types, periods and quantities must match. Establish a fixed internal reconciliation process, for example between procurement, product management, logistics and compliance.
8. Keep audit-proof documentation
Retain role assessments, supplier information, weight calculations, contracts and reports in a traceable format. Update the data for new products, packaging changes, supplier changes or changes in sales channels. A documented method also makes the year-end quantity report and, where applicable, the declaration of completeness easier to prepare.
Common mistakes with own brands and imported packaging
Automatically assigning the obligation to the filler: For own brands, the brand owner may be responsible. The physical act of packaging alone is not decisive.
Accepting old supplier confirmations without review: Confirmation under previous law does not necessarily establish the allocation of roles from 12 August 2026.
Recording only the product packaging: Grouped packaging and any additional shipping packaging must be assessed separately.
Estimating weights without keeping them up to date: Material changes and new packaging sizes quickly result in incorrect quantity reports.
Differences between LUCID and system reports: Reported volumes subject to system participation must be identical.
FAQ on packaging licensing for own brands and imports
Must the contract filler license the packaging for my own-brand products?
Not simply because it fills the product. Where the packaged product is developed or manufactured under your name or brand, responsibility generally lies with your company. The specific labelling and contractual arrangement should nevertheless be documented and assessed if there is doubt.
Can I transfer system participation to my supplier by contract?
A private-law agreement can govern internal costs or cooperation obligations. However, it does not automatically change the statutory allocation of responsibility. For own brands, the ZSVR expressly states that the obligation to participate in a system cannot be transferred to suppliers or contract fillers.
Do the obligations also apply to small retailers or low volumes?
Yes. In principle, there is no general de minimis threshold for registration and system participation. Even low packaging volumes subject to system participation must be properly included in a system and reported before the products are distributed.
Who is responsible when imports are purchased through a German wholesaler?
This depends on the specific supply chain and brand. For third-party brands, it must generally be assessed which company first makes the goods available in Germany. If the goods are your own brand, the brand principle may result in your own responsibility.
Do I need a contract with a dual system in addition to LUCID registration?
Yes, if you are responsible for packaging subject to system participation. LUCID registration does not replace system participation. In addition, the relevant volumes must be reported both to the system and in LUCID.
What happens if system participation is missing?
Packaging subject to system participation may not be distributed without the required obligations having been fulfilled. Official measures and sanctions may also apply. Companies should therefore clarify outstanding allocation or quantity issues before continuing distribution.
Conclusion: Assess responsibility by product and document it properly
Since 12 August 2026, retail companies must review their own brands and direct imports particularly carefully. For own brands, responsibility may lie with the retailer regardless of who manufactures or fills the product. For imports, the specific supply chain is decisive. A robust process therefore combines role assessment, packaging data, LUCID registration, system participation and matching quantity reports.
Would you like to include packaging subject to system participation in a system easily? Use zmart packaging licensing. For complex questions about roles or classification, zmart’s PPWR consulting can help. You can also find registration basics on zmart’s page about the Central Agency and LUCID.